New Arizona Registration Data

On October 19, the Arizona Secretary of State released new registration data. See it here.

The percentages are: Republican 34.67%; Democratic 30.99%; Libertarian .85%; Green .17%; independent and miscellaneous 33.31%.

In January 2018, the percentages were: Republican 34.75%; Democratic 30.18%; Libertarian .87%; Green .19%; independent and miscellaneous 34.01%.

Working Families Party Hopes to Persuade Pennsylvania Supreme Court that State Constitution Requires Legalizing Fusion

On September 25, 2018, the Pennsylvania Supreme Court heard arguments in Working Families Party v Commonwealth, 435 MD 2016. The issue is whether Pennsylvania’s Constitution requires the state to permit fusion. The Commonwealth Court had ruled against the Working Families Party on September 18, 2017, by a vote of 6-1. The case had been filed on August 5, 2016. One of the plaintiffs is a Democratic nominee for state legislature, who also wanted to appear on the November ballot as the Working Families nominee. Instead his ballot label was simply “Democrat”.

Pennsylvania already permits the major parties to engage in fusion. If a primary candidate wins his or her own party’s nomination and also wins the nomination of the other major party via write-ins in that party’s primary, that candidate will be listed on the November ballot as the nominee of both major parties. Every election year, several Pennsylvania legislators win both major party nominations. Thanks to Rick Hasen for this news.

New Oklahoma Registration Tally

As of October 19, this is the Oklahoma registration total: Republican 1,000,073; Democratic 778,229; Libertarian 8,497; independent and miscellaneous 326,192. The percentages are: Republican 47.33%; Democratic 36.83%; Libertarian .40%; independent and miscellaneous 15.44%.

At the beginning of 2018, the percentages were: Republican 46.79%; Democratic 38.23%; Libertarian .24%; independent and miscellaneous 14.76%.

Montana Files Brief in Green Party Ballot Access Case

The Montana Green Party currently is suing Montana in U.S. District Court, over its early petition deadline and its distribution requirement. On October 18, the Secretary of State filed this brief, asking the Court to dismiss the case.

Next week, the Green Party will file a response, and also file a motion for summary judgment. Montana Green Party v Stapleton, 6:18cv-87.

Florida Supreme Court Says Single-Subject Rule Does Not Pertain to Measures Put on Ballot by Constitution Revision Commission

On October 17, the Florida Supreme Court ruled that three statewide ballot measures should be on the November 2018 ballot. A trial court had removed them because they encompass more than a single subject. Here is the opinion in Detzner v Anstead, SC 18-1513.

Four justices believe that the Constitution Revision Commission, which put the measures on the ballot, is free to combine several subjects into a single ballot measure. Three other justices disagree. However, even those three justices voted to put the measures on the ballot, because they believe that the lawsuit filed to get the measures off the ballot has a procedural flaw.